2011 Fiscal Year Final Research Report
Reseach in terms of competition law on legal regulation of milage point service as' Evolutional Premium'
| Project/Area Number |
21530059
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Social law
|
|---|
| Research Institution | Saga University |
|---|
Principal Investigator |
|
|---|
| Project Period (FY) |
2009 – 2011
|
| Keywords | 独占禁止法 / 不当景品表示法 / 不正競争防止法 / ポイントサービス / 景品・懸賞付販売 |
|---|
| Research Abstract |
Bonus points which are offered with purchase of goods have been characterized as' premiums' in EU-and German competition law and sales-promotion accompanied with points falls under so-called tie-in dealing. In 2010 the judicial decision of EU Supreme Court had regarded such tie-in dealing as per se legal from a viewpoint of fair competition and transaction. The problem in terms of free competition is whether and to what extent sales-promotion with bonus points has disagreeable influence on market competition. In Japan, on the other hand, there seems two types of legal regulation against sales-promotion ; the Act against Unjustifiable Premiums and Misleading Representations and Designation(Article 9) of Unfair Trade Practice of the Antimonopoly Act. In addition, we need observe a current movement of International Accounting Standards(IAS), which prepare for new standards on point services.
|
